The UKIP had accepted donations from a man whose name through inadvertence was not listed on the electoral register. The commission sought to impose a forfeit of an equal amount.
Held: Parliament had rejected the suggested test of entitlement to vote and imposed a requirement that the name be on the register. The court’s task was to further the policy of the statute. There was no presumption in favour of forfeiture, and property rights should not be interfered with save where such an intention is clearly shown.
Judges:
Walker J
Citations:
[2009] EWHC 78 (Admin), [2009] ACD 23
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Electoral Commission, Regina (On the Application of) v City of Westminster Magistrates Court and Another CA 19-Oct-2009
The UKIP party had accepted substantial donations. The donor had, through, he said, inadvertent error, had failed to ensure that he appeared on the electoral roll. The party had not taken all reasonable steps to verify his registration as required. . .
At First Instance – The Electoral Commission, Regina (on The Application of) v City of Westminster Magistrates Court and Another SC 29-Jul-2010
UKIP, a political party had accepted donations from an individual who had ceased to be a registered voter. An application had been made for forfeiture of the sums given. The court was now asked whether the Act created a presumption in favour of . .
Lists of cited by and citing cases may be incomplete.
Elections, Administrative
Updated: 25 February 2022; Ref: scu.282618